Hindu Succession Law

Re-marriage does not change her legal character qua her son. Thogh she ceases to be the wife of his father but she continues to be her mother. 

Widow.

After remarriage she is not the serving life interest of late husband or father-in-law.  She re-married to a neighbor not to the brother of her late husband.

Family is predominantly agricultural tribe and here issue is agricultural land.

She is not disqualified.

Dear Vijay,

 Thanks for your advice. Yes I do agree with you that she is (was) not disqualified just by standard overview of HSA and that’s why I am dealing with this civil suit. The reason I am here on this site, is to interact with talented advocates from every corner of country, to find out some legal provision to stop this brutal succession. And I am glad to say that LCI fraternity is helping me a lot in this regard.

OK, she is not disqualified by HSA, except sec 22 (3) may provide some relief.

Let me simplify the situation and present it in local format for you.Suppose she belongs to a community where Riwaj-i-am and Zamindara-customs are prevalent, she did “Karewa” remarriage with a neighbor (Karewa was an old system of remarriage, a widow usually remarry with brother of her late husband) and “Rattigan's Digest of customary law in Punjab” is still relevant and frequently used to settle such kind of cases. So what would be your stand now? Just give it a thought!

Customary law cannot be applied in derogation of codified law. Re-marriage with DEVAR / JETH or neighbour is not distinguished in the eye of law.

Dear Vijay, Please find something in my favour if you can or atleast don't discourage me. This case has many layers of complexity. She is no more in this world. Trick was played by brother-in-law (half) of mine. He took her thumb impressions on pretext and file a SUIT OF DECLARATION AND PERMANENT INJUCTION against the mutation on my name and subsequently a WILL in his favour. Goodbless You!

-Bina

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